ACCSH 1994-2, exh 3, Standards Clarification Report

The OSHA Advisory Committee for Construction Safety and Health (ACCSH) was authorized in the 1969 Construction Safety Act (US Code Title 40§3704, to advise OSHA on matters related to construction safety and health. It consists of five public representatives (one is normally from a State OSHA program, one from NIOSH, etc.), five labor representatives (normally from various Building Trades Unions) and five management representatives (primarily from contractor trade associations). The ACCSH often sets up work groups, which are open to the public, to draft positions on various topics or issues. These positions are then often voted on by the full ACCSH and those recommendations referred to OSHA for their consideration. This collection includes selected historical notes and reports from ACCSH meetings. It is not all inclusive. For the most recent or a more comprehensive list go to http://www.osha.gov/doc/accsh. The following are links to all of the items in this collection:

Summary Statement

ACCSH Standards Clarification Workgroup report and recommendations for OSHA to improve construction standards. This report also renamed the Workgroup from the Standards Codification Workgroup. Part of a collection. Click on the 'collection' button to access the other items.
1994

eLCOSH Editor's note:

The OSHA Advisory Committee for Construction Safety and Health (ACCSH) was authorized in the
1969 Construction Safety Act (US Code Title 40§3704, to advise OSHA on matters related
to construction safety and health. It consists of five public representatives (one is normally
from a State OSHA program, one from NIOSH, etc.), five labor representatives (normally from
various Building Trades Unions) and five management representatives (primarily from contractor
trade associations). The ACCSH often sets up work groups, which are open to the public, to
draft positions on various topics or issues. These positions are then often voted on by the
full ACCSH and those recommendations referred to OSHA for their consideration. These work products
represent a lot of effort and thought by many individuals. They are posted here to make that
work more easily accessible. This historical archive many serve as a resource to future regulators
and safety advocates, so they don’t have to start from scratch. OSHA has removed some
of these documents from their website which makes access difficult.

To the best of our knowledge this is a complete archive of ACCSH working group reports and
recommendations. If you are aware of others, please contact us. For the most recent or future
meetings, you can find information at http://www.osha.gov/doc/accsh .

WORKGROUP ON STANDARDS CLARIFICATION

DRAFT REPORT

A the January 4th & 5th, 1994 meeting OSHA requested that the ACCOSH advise the agency regarding OSHA's efforts
to clarify certain construction safety and health standards. OSHA also asked the ACCOSH to identify any other similar
1926 standards.

Chairperson Mass re-appointed the Standards Codification Workgroup to study the issues and make recommendations
to the ACCOSH. The workgroup has renamed itself as the Standards Clarification Workgroup.

OSHA supplied the ACCOSH with a draft document dated January 7, 1994 (copy attached) which listed the problems
to be solved and OSHA's proposed solutions.

PROBLEM #1

The incorporation by reference oft he voluntary (should) provisions of consensus standards in 1926.31(a). The
Agency has been unable to require the abatement of hazards for which particular OSHA Standards do not exist,
but voluntary (should) provisions exist in incorporated consensus standards.

OSHA should develop a list of those 1926.31(a) incorporated consensus standard that have resulted in an enforcement
problem. This list should be reviewed by the Agency and the ACCOSH to determine whether any of these consensus
standards should be promulgated as OSHA mandatory standards through the OSHA act, Section 6 (B) process. Further,
OSHA should revise 1926.31 by replacing it in total with the language found in the present 1910.6.

PROBLEM #2

OSHA administratively revised 1926.28a) in 1972 to require either one of two conditions prevail to determine
employer responsibility for the wearing of PPE. The original Construction Safety Act language incorporated
by reference by OSHA in 1971 required that both conditions prevail to determine the employer responsibility.

OSHA's administrative action in 1972 was ruled invalid by the Review Commission in 1986. OSHA must now prove
that both conditions prevail.

OSHA's proposed solution to this problem is to delete the language from the standard. The workgroup does not
agree with this solution. Paragraph (a) of the present standard states that "the employer is responsible
for requiring the wearing of appropriate personal protective equipment". Many specific 1926 standards
state only that he employer will provide PPE but are silent as to the responsibility of the employer to require
the employee tow wear the equipment.

With the vagueness of this language the employer can and has argued that although he (the employer) provides
PPE he has no control over whether the employee uses it. The language of the present 1926.28(a) specifically
requires the employer to require the wearing of PPE.

The language found in 1926.28(a) should be amended to read "The employer is responsible for requiring
the wearing of appropriate personal protective equipment where this part indicates the need for using such
equipment".

Another suggestion is to put this amended language in Subpart E as paragraph 1926.95(d).

PROBLEM #3

Subparts A and B of part 1926 have pertinence only to the application of section 107 of the Contract
Work Hours and Safety Standards Act and have no direct significance in the enforcement of the OSHA
Act. Therefore, Subparts A and B apply to only federal and federally financed or federally
assisted construction projects. Many members of the public have the impression that Subparts A and
B do apply to enforcement of the OSHA Act. A possible solution is to add language to Subpart C which
would proceed paragraph 1926.20. The addition would be as follows.

1926.19 SCOPE AND APPLICATION

a) The Safety and Health Standards described in Subpart C apply to the employment and places of
employment as defined in both the OSH Act and Section 107 of the Contract Work Hours and Safety
Standards Act (Construction Safety Act).

b) Subparts A and B of this part apply only to employment and places of employment as defined in
Section 107 of the Contract Work Hours and Safety Standards Act.

c) Substitute the language now found in the present paragraph 1926.20(c).

d) Substitute the language now found in the present paragraph 1926.20(d).

e) Substitute the language now found in the present paragraph 1926.20(e).

Since
1910.12(c) incorporated Subpart C without any exclusions 1926.20(a) applies to all work, private and
federally financed. The terms "laborer or mechanic", and "contractor and subcontractor", are
defined in 1926.32 as "employee" and "employer" respectively. Therefore 1926.20(a) shall be
amended to read
"No employer shall require any employee to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous to his health or safety.

The present paragraphs 1926.21(b)(2) through (b)(6) are part of the accident prevention responsibilities found
in the present paragraph 1926.20(b) and as such should be relocated in this paragraph.

The present 1926.21(b)(2) should become 1926.20(b)(5).
The present 1926.21(b)(3) should become 1926.20(b)(6).
The present 1926.21(b)(4) should become 1926.20(b)(7).
The present 1926.21(b)(5) should become 1926.20(b)(8).
The present 1926.21(b)(6) should become 1926.20(b)(9).

Paragraph 1926.21(a) should be amended to read 1926.20(b)(10). The Secretary shall establish and supervise programs
for the education and training of employers and employees in recognition, avoidance and prevention
of unsafe conditions in employments covered by this part.

Change 1926.21 to Recording of Injuries (Reserved).
Change 1926.22 to Reporting of Injuries.
1926.32 Definitions should be amended as follows:

1926.32(a) "Act" - Delete this definitions.
1926.32(j) "Employee" - Delete this definition. Since the terms laborer or mechanic have been removed
from 1926.20(a) and the OSH Act defines employees.
1926.32(k) - Delete this definition. Since the terms contractor or subcontractor have been removed
from 1926.20(a) there is no need for this definition.
1026.32(0) - Delete this definition. The OSH Act defines Secretary.